A Study on Governing Law Arising from Cyber Intellectual Property Disputes in Korea
With rapid IT technology developments in the world, many users can enjoy the benefits of some body’s intellectual property easily in cyber space. But when it comes to the use of business, there are disputes over the intellectual property right (IPR) in various respects. Infringement upon IPRs may happen in the several countries simultaneously. If the disputes contain foreign matters, a problem arises as to which country or rule shall be applied as the governing law. In this respect, Korea set a provision, but it was not clarified as to the scope and intention. But this has been cleared through several court cases. The court should, however, be cautious in applying lex loci protectionis in IPR disputes as IPR is much more complicated with the involvement of a number of foreign factors simultaneously.
KeywordsCyber disputes Private International Act of Korea Lex Loci Protectionis in IPR
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